Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee had noted the Government’s indications that a national network to combat child labour was established by Order No. 02 of 2 April 1998. It had also noted that, following the ratification of the United Nations Convention on the Rights of the Child on 22 July 1992, a national plan of action for the survival, protection and development of children was adopted on 30 January 1993 by the Government, and that a national commission to follow up the Convention was established in 1993. The Committee also noted the existence of a National Labour Advisory Commission, composed of representatives of the persons responsible for preparing legislation, representatives of workers and employers, experts and a president of the administrative tribunal (section 161 of the Labour Code). This Commission is responsible, among other matters, for examining problems at the national level relating to work, the employment of workers, vocational training, labour mobility and the improvement of the material and moral conditions of workers. It is also responsible for issuing opinions and making proposals on regulations to be adopted in these fields (section 161(2) of the Labour Code). The Committee once again requests the Government to provide information on the functions and achievements of the national network to combat child labour and to provide a copy of Order No. 02 of 2 April 1998. It also requests the Government to provide information on any studies that have been undertaken by the National Labour Advisory Commission relating to the worst forms of child labour. It further requests the Government to indicate whether the national plan of action for the survival, protection and development of children includes actions intended to secure the prohibition and elimination of the worst forms of child labour.

Article 2. Definition of the term "child". The Committee had noted the lack of information in the Government’s report on the definition of the term "child". The Committee had noted that the national legislation does not appear to have a single definition of this term. It had also noted the Government’s indication in its 1999 report to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 58), that section 571 of the draft Family Code defines a child as a person of either sex who has not yet reached the age of 18, and that the first section of the Bill on child delinquency defines a child as a human being under 18 years of age. The Committee also noted that section 6 of Order No. 006 of 1986, governing the conditions of employment of young workers, establishes a list of occupational activities or trades which are prohibited for "children under 18 years of age". The Committee once again requests the Government to provide a copy of the Family Code of 11 November 1997 and to indicate whether the Act on child delinquency has been adopted and, if so, to provide a copy.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee had noted that the Government explained, in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18 of 26 June 2000, paragraph 194), that the Central African Republic is a host country for refugees coming from neighbouring countries that are experiencing social or political unrest or civil wars. However, the Committee had noted that section 212 of the Penal Code (Act No. 64/26 of 20 November 1964) provides that any person who has, by fraud or violence, abducted or caused to be abducted children under 15 years of age or who has led such persons away, diverted them or removed them, or caused them to be led away, diverted or removed from the places to which they were assigned, from the authority or directorate to which they had been submitted or entrusted, shall be liable to a sentence of imprisonment of between five and ten years. It had also noted that, under the terms of Decree No. 73/462 of 13 November 1964 requiring the notification of labour movements and respecting placement, any recruitment or definitive termination of employment shall be notified to the National Labour and Placement Office (or, failing that, the responsible inspector of labour and labour legislation). Such notification must, among other information, indicate the name, first name, age and vocational skills of the employee (section 1 of Decree No. 73/462 of 13 November 1964). However, no notification is required for the employment of occasional workers, hired by the hour or the day for a short-term assignment (not exceeding 48 hours). Every three months, employers are under the obligation to provide a notification to the National Office on the employment situation in their enterprise (section 10 of Decree No. 73/462 of 13 November 1964). Referring to its previous comments, the Committee once again requests the Government to provide a copy of the Penal Code and information on the legal texts prohibiting the sale and trafficking of children under 18 years of age, and the penalties that are applicable.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee had noted that the Government had not provided information on this point in its reports. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee once again requests the Government to indicate the minimum age at which persons may be called up for compulsory military service and to provide a copy of the texts determining the conditions for the recruitment of members of the armed forces.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee had noted that section 6(9) of Order No. 006 of 1986 provides that it is prohibited to employ children under 18 years of age in "any work which, even if it does not lie within the scope of penal law, is of a nature to harm their morals". Furthermore, it had noted the Government’s indication in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18 of 18 November 1999, paragraphs 138 and 139) that Act No. 64/26 of 20 November 1964 provides for the punishment of soliciting and corruption of young persons. According to the same report, section 201 of the Penal Code provides that any person who commits an offence against public morals by habitually inciting, promoting or encouraging the debauchery or corruption of a young person of either sex under 15 years of age shall be punished by imprisonment for one to five years or a fine of between 200,000 and 2,000,000 CFA francs. The Committee had also noted that the Government indicated in 2000, in its replies to the questions raised by the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 28, page 21) that prostitution in the Central African Republic concerns children aged between 12 and 18 years and that these practices are rarely pursued in the country, because no solution has been found to arrest and punish pimps. The Committee had reminded the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution constitutes one of the worst forms of child labour and, as such, must be prohibited for any person under 18 years of age, in accordance with Article 2 of the Convention. The Committee once again requests the Government to provide a copy of the Penal Code and of Act No. 64/26 of 20 November 1964, and to provide information on the application of the provisions of the Penal Code in practice. It also requests the Government to provide information on the measures adopted or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution.

2. Child pornography. The Committee had noted that the Government did not provide any information on child pornography in its reports. Recalling that Article 3(b) of the Convention provides that the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour, it requests once again the Government to provide information on the prohibition and penalties applicable to such acts.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee had recalled that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour. The Committee once again requests the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to indicate the applicable legislation and penalties.

Clause (d) and Article 4. Hazardous work. The Committee had noted that, in accordance with section 125(2) of the Labour Code, the types of hazardous work prohibited for young persons under 18 years of age are enumerated in sections 6, 10 and 11 of Order No. 006 of 21 May 1986. The Committee had reminded the Government that Article 4, paragraph 1, of the Convention provides that the types of work referred to under Article 3(d) of the Convention shall be determined taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee therefore once again requests the Government to indicate when determining the types of hazardous work prohibited for young persons under 18 years of age consideration was given to the relevant international standards, especially Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Article 4, paragraph 2. Identification of hazardous work. The Committee had recalled that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee once again requests the Government to indicate the measures adopted or envisaged to identify where the types of work so determined exist, after consultation with the organizations of employers and workers concerned.

Article 4, paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee had observed that the lists of types of work contained in Order No. 006 of 21 May 1986 largely repeat those included in Order No. 877 of 22 November 1953. The Committee had also noted that, according to the information provided by the Government in previous reports on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33), and the Minimum Age Convention, 1973 (No. 138), a new Labour Code has been under preparation for a number of years. The Committee once again requests the Government to indicate whether the national legislation provides for the periodic examination and revision, as necessary, in consultation with the organizations of employers and workers concerned, of the list of types of work determined in accordance with Article 4, paragraph 1, and, if so, to provide a copy of the relevant text. It also requests the Government to indicate the progress made in relation to the draft text of the new Labour Code and whether it modifies the list of hazardous types of work in order to take into consideration technological advances.

Article 5. Monitoring mechanisms. The Committee had noted that the labour inspectorate appears to be the central institution for the application of the Convention in so far as it "is responsible for ensuring the enforcement of all provisions of a legislative nature or of regulations relating to conditions of work and the protection of workers while engaged in their occupation" (section 153 of the Labour Code). It had also noted that, under section 157 of the Labour Code, labour inspectors may require the examination of women and children by an approved physician with a view to determining whether the work to which they are assigned exceeds their strength. The Committee once again requests the Government to provide information on the mechanisms established or designated to monitor the implementation of the provisions of the Convention by labour inspectors in cases where the national measures are not derived from the Labour Code, but from the application of penal measures (prostitution, pornography, illicit activities).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had noted that the Government has undertaken, with the financial support of UNICEF, a study to identify and classify child labour. The Committee had noted the Government’s indication that the validation of the report will enable the Government to identify the extent of the problem and determine the legislative measures, regulations and supervisory provisions to be adopted. It also had noted the information provided by the Government in its report to the effect that it envisages carrying out a "project to protect children at work". The Committee had recalled that, under the terms of Article 6 of the Convention, the Government has to design and implement programmes of action to eliminate as a priority the worst forms of child labour, and that such programmes shall be designed and implemented in consultation with relevant state institutions and employers’ and workers’ organizations. The Committee would be grateful if the Government would provide a copy of the study carried out with the support of UNICEF to identify and classify child labour, as well as information on the measures envisaged and the consultations held with the relevant government institutions and employers’ and workers’ organizations. It also requests the Government to provide information on the implementation of the project to protect working children and its objectives.

Article 7, paragraph 1. Penalties. The Committee had noted the Government’s indication in its report that it has not taken any measures to ensure the prohibition and elimination of the worst forms of child labour, but that the texts applying the present Convention will be adopted within a reasonable period. However, the Committee had noted that a fine of between 5,000 and 50,000 CFA francs and/or a sentence of imprisonment of between six days and three months (section 228(a) of the Labour Code) is applied to persons violating the provisions on forced labour (prohibited by section 4 of the Labour Code). These penalties are also to be imposed on any person who, by means of violence, threats, deception, fraud or promises, forces or attempts to force a worker to be employed against her or his will. Furthermore, it had noted that section 222 of the Labour Code establishes penalties for violations of the provisions of Order No. 006 of 1986, determining the conditions of employment of young workers, and of Order No. 49 of 1969 respecting the conditions of employment of domestic workers. It also had noted that section 230 of the Labour Code establishes penalties applicable to any person who prevents or endeavours to prevent the discharge of the obligations and the exercise of the powers of labour inspectors and supervisors or persons acting on behalf of labour and social security inspectors. It had also noted that there appear to be penal provisions for the abduction, diversion or removal of children (section 212 of the Penal Code), offences against public morals by inciting, facilitating or encouraging the debauchery or corruption of a young person (section 201 of the Penal Code). Noting the absence of any reference to these sanctions by the Government, the Committee once again requests it to provide information on the application of sanctions in practice and to provide a copy of the Penal Code and the Code of Penal Procedure.

Paragraph 2. Effective and time-bound measures. The Committee had noted the Government’s indications that no measures have yet been taken to secure the prohibition and elimination of the worst forms of child labour, but that the texts to apply the present Convention will be adopted within a reasonable period. The Committee had also noted that certain measures have been taken in the following fields.

Clause (c). Access to free basic education. The Committee had noted that the Government adopted in July 2000 a ten-year national plan for the development of education. According to the information provided by the Government to the Committee on the Rights of the Child in 2000 (CRC/C/3/11/Add.18 of 23 August 2000, reply by the Government to question No. 21), the priority is to develop basic education with a view, in the long term, to achieving education for all. According to the Government’s statements to the Committee on the Rights of the Child, basic education of a duration of six years will be compulsory up to the age of 15 years. Furthermore, a system of initiation to technology adapted to the local environment (that is, inspired by the practice of agriculture, stock-raising and artistic and craftwork) should be established. Despite these measures, the educational system suffers from inadequacies. According to UNICEF, the net enrolment rate in primary school for the period 1994-2000 was 43 per cent. In 2002, the gross primary school enrolment rate was 70 per cent (for both boys and girls combined), with the rate falling to 51 per cent for boys and only 27 per cent for girls. For secondary school, these rates were 15 and 6 per cent, respectively. The Government indicates its intention to increase the proportion of public expenditure devoted to education to 25 per cent by 2005 (CRC/C/3/11/Add.18, 23 August 2000, see reply to question No. 21, page 15), but it admitted in 1998 to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 29) that at the present time, however, "the State lacks the financial resources necessary to provide education free of charge". There are therefore a number of children who, although subject to compulsory schooling, do not attend school. The Government indicates in its report to the International Bureau of Education that most of the texts issued under Act No. 97.014 of 10 December 1997, setting the priorities for education, are still being prepared and that, as a result, most of the provisions of the Act are still not implemented. The Committee had also noted that, according to the report of the International Bureau of Education-UNESCO, entitled "World Data on Education, 2003", the value of non-formal education has been acknowledged and its development encouraged. The Committee once again requests the Government to keep it informed of the progress achieved in facilitating the access of children to education and to provide it with information on the functioning of non-formal education, with particular reference to the methods used, the number of children participating and their age.

Clause (d). Children at special risk. In its report to the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 23, page 18), the Central African Ministry of Labour referred to a survey carried out in May 1999, according to which there are 2,629 children living and working in the streets. The Ministry of Labour also indicated that there are not yet any state institutions responsible for removing these children from the street and helping them to integrate, finding them a less hazardous occupation or enabling them to have access to education. The Government indicated that it is considering adopting a policy on the survival, protection and development of children. The Committee had noted that the Government indicated to the Committee on the Rights of the Child (CRC/C/11/Add.18, paragraph 49) that the new Family Code provides that, if the health, safety, morals or education of a child are jeopardized, correctional measures may be applied as an endangered child. The Committee once again requests the Government to provide information on the measures adopted in relation to the policy on the survival, protection and development of children, and on the measures adopted or envisaged to identify and reach out to children at special risk.

Clause (e). The special situation of girls. The Committee had noted the Government’s indications to the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 21, page 15) according to which, in the first place, in improving access to education, priority is given to basic education and the education of girls. It had also noted that the Government refers in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 10(h)) to Order No. 66/26 of 31 March 1966 on the advancement of young girls. The Committee once again requests the Government to provide a copy of this Order and to specify its impact on the elimination of the worst forms of work by girls. It also requests the Government to provide information on the measures adopted and the results achieved in relation to the access of girls to education.

Article 8. Enhanced international cooperation and/or assistance. The Committee had noted the Government’s indications that it has taken steps with a view to establishing a system of cooperation with IPEC for the effective abolition of child labour. It had also noted that cooperation between the Central African Republic and its neighbouring States is facilitated by its ratification of the African Charter on Human and People’s Rights. Furthermore, it had noted that the Central African Republic is a member of the Central African Economic and Monetary Community (CAEMC) and of Interpol, and more precisely of the Central African Police Chiefs Committee. The Committee once again requests the Government to provide information on any agreements concluded between the Central African Republic and neighbouring countries with a view, among other objectives, to eliminating the trafficking of children. It also requests the Government to keep it informed of the mutual assistance provided in giving effect to the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part IV of the report form. The Committee had noted the Government’s indication in its report that there are no official statistics on the worst forms of child labour. However, it had indicated that field surveys which have not been made official show that 98.6 per cent of the children surveyed in the major cities of the country state that they are engaged in an occupational activity. The Committee once again encourages the Government to conduct statistical surveys with a view to evaluating the number of children working, their age and the types of work performed.

Part V of the report form. The Committee once again requests the Government to give a general appreciation of the manner in which the Convention is applied in the Central African Republic, including any practical difficulties encountered in the application of the Convention, and also to provide copies or extracts of official documents, including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and the penal sanctions applied.